occupy ultimatum. those tents are coming down in san francisco as police make their move. we will have the latest. plus a story you'll only see on nbc. a peace activist becomes a victim of a violent attack at an art festival. why police say it could be a hate crime sparked by violent protests in the middle east. and a firefighter rushed to the hospital this morning while battling an overnight blaze in an east bay restaurant. we'll tell you why this one took more than two dozen firefighters to finally get a handle on those flames. and the last days of summer are really not feeling much like it around the bay area. we'll talk more about these cool temperatures coming up in your forecast in a couple of minutes. and as the bay bridge gets congested, we have two accidents, one for the east shore and one for 880. i've got to track both of those. updates coming up. >> you've got a view of the bay bridge, so do i. welcome to tuesday morning, september 18th. this is "today in the bay."

and good morning to you, thanks for joining us. i'm laura garcia-cannon. >> and i'm jon kelley. good morning, everybody. happening right now, several dozen protesters vowing to occupy justin herman plaza despite a police order to leave the grounds. bob redell has an update on the situation. >> reporter: this situation might resolve itself peacefully. good morning to you, jon. about 100 yards to the right down market street are about 30 sfpd police officers. they have put on riot helmets with the intent of coming down here to make sure these occupy sf protesters take down the eight tents they had set up. they gave them a deadline of 6:00 which is right now. you can see the last of the eight tents is being taken down. the protesters did take these down on their own. police did not have to come in here and force the removal of these tents which they said they were going to do.

they did come in around 5:30, 5:40 and said you should start dismantling them. if you can get them down pie 6:00, we'll let you stay here on the plaza. >> it sounded like a fair enough agreement and, you know, we're taking the tents down. we're giving some leeway to some people that need extra time to wake up and we're going to be here another day. >> now, there were occupy protests throughout the country yesterday to commemorate the one-year anniversary of this movement. a few hundred of occupy sf protesters marched through the financial district here in sf protesting outside banks for their role in the financial and foreclosure crisis. roughly around last night 75 of that group splintered off here to justin herman plaza with a goal of occupying this space indefinitely. you might recall they had this space occupied, set up with tents for several weeks last year during the beginning of this movement. as you can see that original 75

has dwindled. there's probably maybe 30 people out here, maybe 40 people at most. they have been speaking with -- in communication with the captain with the san francisco police department, and the police has told them, look, we understand this is a one-year anniversary. we do want to give you some latitude to be out here. not only do you have a first amendment right but playing music, you're not supposed to do that, but they did let them do that and have the tents up but they said 6:00 was the time for the tents to be gone. as you can see all eight of them are down and so far things are peaceful. reporting live here at justin herman plaza, bob redell, "today in the bay." new this morning, a two-alarm fire at a san leandro restaurant sends a firefighter to the hospital. no word on how seriously he was injured but he is being treated at a local hospital and is expected to recover. the fire started just after 2:00 this morning at the tequila grill on east 14th street. it took about 45 minutes just to

knock it down. investigator say that fire may have started at a dumpster behind the building but they say finding the specific cause of the blaze could take hours or even days. this morning it is a story you'll only see here on nbc bay area. the question is was this one a hate crime? that's being asked this morning in santa clara after an assault at a weekend festival. christie smith is joining us from santa clara where some are saying -- they're asking if the attack was a retaliation for that worldwide protest by muslims. good mornings are christie. >> reporter: good morning to you, jon. one woman who saw the whole thing says she definitely thinks that it was a hate crime. the group that she was with were at a booth handing out islamic material when out of the blue a man came up and started shouting anti-muslim slurs at them saying you're all terrorists. she's saying this whole thing went on for two minutes, the screaming. that was this past weekend. she and other muslim volunteers were handing out that literature when the man walked up.

then she says after the screaming, it got even worse. the man took a swing and punched a volunteer in the eye. >> he took a swing and he punched one of our volunteers and just punched him in the eye. his eye was swollen and he started bleeding. >> reporter: santa clara police arrested the man for assault. she believes it's a hate crime stirred up by all the unrest in libya and other parts of the middle east. santa clara police say they're not ruling out that possibility, but whether it's charged as an actual hate crime is up to the santa clara county district attorney's office. reporting live, christie smith, "today in the bay." 6:05. this morning a bay area biotech firm is facing a long list of federal charges. they are accused of violating the federal animal welfare act. the u.s. department of agriculture says it found more than 20 violations dating back to 2007, including inadequate

veterinary care and failure to properly house and feed animals. the company has not yet responded to the charges. well, it is a very unexpected announcement and is now creating new concerns about the san jose police department. the department's chief announcing yesterday that he's ready to retire after just two years on the job. that announcement coming as the city and the department face growing criticism that they're not doing enough to halt a big rise in violent crime. marla tellez is joining us from the newsroom now. she has more on the chief's announcement. good morning, marla. >> reporter: chief chris moore does not deny one of the reasons he is leaving is because he is disappointed with the state of his police department. the fact that he's had to layoff 65 officers, deal with pension reform and a $90 million budget deficit. he said these factors have prevented him from getting things done. he's leaving a department facing an uptick in violent crime. and also leaving behind a city

council that the police union says does not make public safety a priority. one is blaming the other. tonight both groups are holding respective meetings about san jose's recent violence. the meetings come when the future of the department seems more uncertain than ever, especially now that it's lacking a leader. even a leader of san jose was caught off guard by chief moore's announcement. here is chuck reed is saying. >> he's probably the only police chief in the history of the city that had to lay off police officers. that was bad, it was difficult, and it was difficult on the department. but it was necessary in order to close the budget until we reach a point where we have some additional money that we can spend on hiring more officers, it's going to be a frustrating job. >> reporter: tonight's city council meeting is being called a study session to review police response to recent crimes. that starts at 7:00 at city hall. meantime, the police officers association is holding a crime prevention meeting tonight in east san jose to offer people there tips on how to protect

themselves. that meeting starts at 6:30 at the ymca on south white road. the public is encouraged to attend. now jon and laura, chief moore's last day on the job is january 31st. >> all right, thank you very much. >> interesting times there. changes in the forecast. we want to check in with meteorologist rob mayeda. he's in for christina. fall creeping in. >> here's a view of san jose. you can see we're wayking up to that blanket of low clouds. it's about 2300 feet thick. it is high enough to hit all the way to the altamont pass this morning. by 8:00 it still looks like it's going to be hanging out in solano county and out towards livermore. in the afternoon we'll see low clouds start to break up inland but an all-day sea breeze will keep temperatures cool inland. once again, here we go action 7:00, you'll see low clouds shooting back across the bay. temperatures around lunchtime getting closer to the low 70s inland but you can keep your jacket through probably the lunch hour for inland spots.

by mid-afternoon you finally see numbers closer to 80 in livermore. low 70s in san jose and 60s in oakland into san francisco, so not much change through about thursday. a little warmer inland. more noticeable warming come friday and the weekend we're going to be turning breezy and much cooler again as we head towards sunday. traffic tuesday, we should see the metering lights turned on in a few minutes. we see the packup in the cash lanes, the volume really building at the topeka. looking at some of the problems approaching the area, west 80, we talked about the stalled out big rig blobbing one lane. sunol valley road is where one lane is lost. in that pabackup around highway, reports of possibly a five-vehicle accident there. no injuries reported and it's off to the shoulder but a big distraction as you're coming through where things start to slow down as far as speeds go and the volume picks up just around the highway 4 interchange. a smoother drive approaching the bay bridge.

more an issue, an accident here at 16th and embarcadero is one report. another report at 980. it sounds like this is the same incident. somewhere in between is where we have another accident brewing heading away from the bay bridge through oakland. the south bay starts to build the volume. northbound 101, a live look at the 680 interchange. just north of here at 13th, reports of an accident which may involve a big rig. i'm tracking this and will bring you an update in just a few. 6:10. this morning authorities at jfk airport in new york are trying to track down the person who called in a threat regarding a flight from san francisco. the anonymous phone call left two planes sitting in a holding area for hours while the pilots were just kept in the dark. >> i don't have a thing at this moment except that you and the aircraft beside you need to wait in that area. >> okay. we're surrounded by emergency vehicles. there's a reason for this. somebody's got to give us the reason or we're going to evacuate the aircraft.

you got 60 seconds. >> we have the information. can you possibly call? >> negative. i would demand the information right now over a frequency. >> officials say someone called jfk yesterday and hesaid hijacks were hiding inside an american airlines flight from sfo and another flight from finland. security crews met the planes, spent more than an hour searching them before the call was determined to be a hoax. >> what a scene. an interesting look inside how that goes down. 6:11 right now. coming up, controversial comments of a presidential candidate caught on camera going off the cuff and he is getting hammered for it. while mitt romney is not backing down from claims. >> plus years and years of laura garcia-cannon archives on the internet. we'll show you the collection. >> can't wait for that. >> the hair styles no doubt. let's move on, talking about prison breaks. police on both sides of the

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good tuesday morning to you. if you're just waking up with us, here's a quick check of the day's top stories. an overnight reoccupation of justin herman plaza in san francisco led to an early morning police ultimatum for protesters. a handful of so-called occupiers set up tents overnight. police gave them a 6:00 a.m. deadline to take them down or else. just minutes ago they began removing the tents as officers stood by. it is a bit of a shocker. san jose's police chief stepping down in january. chief chris moore said he's disappointed with the state of the department which has seen a layoff and uptick in crime over

the past year. santa clara police investigating a possible hate crime. officers say a man walked up to an islamic booth at the recent santa clara art and wine festival and punched a volunteer in the face. the district attorney will decide if the case meets the standards to be prosecuted as a hate crime. 6:15 and new this morning, right now more than 100 inmates are on the loose after a massive prison break in mexico near the texas border. mexican authorities say 132 inmates tunnelled their way out of the prison. that prison sits along the border with eagle pass, texas. it is unclear so far if any inmates actually made it into the u.s. the tunnel is said to be 21 feet long and four feet in diameter. mexican state authorities say guards at the prison of being questioned to determine if they were involved. happening right now, 25,000 chicago teachers reviewing a new

contract settlement ahead of an afternoon vote that could finally end a seven-day strike. the teachers union board delegates scheduled to discuss and potentially vote on the city's latest contract offer. the strike started last monday, keeping 350,000 students out of class. the city's mayor has already taken this issue to court, asking for an injunction that would force the teachers to get back to work. now, if the strike is not resolved today, a court hearing is set for tomorrow. this morning mitt romney's campaign is in damage control mode after comments he made during a private fund-raiser were made public. a secretly recorded video has been leaked and the republican presidential nominee is offering a snapshot of voters to several wealthy donors. that was given to the liberal magazine mother jones and that is where the trouble started. here's a portion of it. >> for the past three years, all everybody's been told is don't worry, we'll take care of you.

how are you going to do it in two months before the elections to convince everybody. there are 47% of the people who will vote for the president no matter what. all right, there are 47% who are with him, who are dependent on government. who believe that they are victims, who believe that government has a responsibility to care for them, who believe that they're entitled to health care, to food, to housing, to you name it. that that's an entitlement. and the government should give it to them. and they will vote for this president no matter what. i mean the president starts off with 48, 49, he starts off with a huge number. these are people who pay no income tax. 47% of americans pay no income tax. so our message of low taxes doesn't connect. so he'll be out there talking about tax cuts for the rich. i mean that's what they sell you every four years. and so my job is not to worry about those people. i'll never convince them. they should take personal responsibility and care for their lives. what i have to do is convince the 5% to 10% in the center that

are independents, that are thoughtful, that look at voting one way or the other depending upon in some cases emotion, whether they like the guy or not. >> romney concedes his comments were, quote, not elegantly stated and were spoken off the cuff, but he says he's not backing away from what he said. romney is now calling for the release of the full video, not just the clips posted online, saying it will put his comments into context. of course there are now certainly big-time political ramifications to all of this and many people will of problems with the governor's description of these voters as victims. >> however, scott mcgrew says governor romney's basic claim that 47% of americans don't pay federal income taxes is about right. >> it doesn't sound possible, laura, does it? but the tax policy center look a look at irs numbers and determined that when you mix together the poor, the unemployed, working families, the elderly, with earned income tax credits, child care tax credits, the republican-led bush

tax cuts, yes, 46.7% of americans do not pay federal income tax at all. now, they still pay for medicare, for social security, the payroll taxes, state taxes and most cases gasoline tax, sales tax, property tax, but no federal income tax. other news, twitter will unveil a new look today on the "today" show coming up in about 45 minutes. sleeker look, new ipad app. your profile is more prominent. this is the old twitter. the new one will look a bit more like facebook. an important mcnews update for you. the mcrib is going to be delayed. it usually shows up about this time of year. but cnbc has been looking into this delay. the best guess is that mcdonald's is worried about sales numbers pause they were so good last year, they need something to boost the end of the year numbers this year, so they're building up anticipation of the mcrib. >> pushed the dow israels over

13 thousand for the first time in years. >> and from mcrib to mcgrew. years and years of me have been archived on the internet, me and every other newscaster, along with national newscasts searchable by key words. the internet archive is based in san francisco and hopes to create a news database where anybody can be like jon stewart on "the daily show" going back and looking at what people really said. now, we were talking off camera, this system is way more powerful than the newsroom systems we use as far as finding out what people really said. >> interesting. >> or what people wore and what kind of hair styles they had. >> let's just stop there and move on to the forecast. >> all right. >> anyway, 6:20 right now. let's check in with rob mayeda. >> the humidity is up so maybe it's adding a little extra volume to folks' hair this morning. low clouds, misty skies in a few

spots around the bay area. there's a gorgeous view, palace of fine arts this morning and the camera bouncing around because we've got the sea breeze pushing through san francisco, reaching all the way into fairfield. a little bit later on, just after sundown, we've got our giants taking on the colorado rockies. we've got game two. tim lincecum takes the mound, first pitch 7:15. sweatshirt weather again. pie the way, the a's in detroit will see temperatures in the 60s and the a's are taking on the tires, then going on to the yankees and then the rangers. tough road trip for the a's. the giants magic number 8 to win the nl west. lots of low clouds pushed by a strong sea breeze. southwest winds up to 22 miles per hour into solano county so you'll find the low clouds all the way 580 into oakland and hayward this morning. we have high pressure off to the north. 80s and 90s seattle and portland. the bay area, though, it's the

sea breeze turning quite strong. instead of the yuf shore winds we typically see, normally the peninsula and coast sees the warmest temperatures of the year but this is the opposite. we've got onshore winds and the ocean air conditioning so temperatures will be quite cool today. lots of low clouds inland. patchy low clouds on the coast and those low clouds come sweeping back in as we head towards tonight into tomorrow morning. temperatures around the bay area, low 70s around san jose. closer to 80 to the south. 80 near danville, but 70s into dublin and castro valley. 60s into oakland and san francisco and only low 70s around wine country today. i think we'll see a very similar forecast tomorrow into thursday. friday a little bit warmer and then we start to cool down as we see those temperatures dropping into the 60s and low 70s inland on sunday. >> we're going to see the volume continue to build for the south bay kicking off right about now, just after 6:00. here's 101. we have the slowing, 101 north of 680. but then this other incident we told you about, northbound side

right around 13th. now, the good news is that it doesn't involve a major crash. there is actually a disabled vehicle reported. this is a tractor-trailer truck and it's in your slow lane and going to cause some slowing heading up toward 880 toward north 101. we'll track that. meanwhile another issue they are making quick work of it but it is in your commute direction west 580 at north 680, exactly there in the dublin interchange. cars moving to the shoulder. we have some backups starting to form already so plan on some delays if you're heading north up towards san ramon off of the 580 split there with 680. the southbound side moves smoothly but the backup can cause a problem heading down towards sunol. more problems starting to get better as far as the clearing because of the accident on 880 southbound but the backup from 980 all the way to the scene at the embarcadero exit continues there. the volume, we'll see that at the coliseum camera. south of here we see all of the headlights south down towards the san mateo bridge which is

moving smoothly. the bay bridge, the toll plaza has the backup because of the metering lights. the accident and the issue over at pinole valley road has cleared from the roadway but slowing out of hercules as well. back to you. >> thanks. it is 6:24 right now. coming up, we've all heard of fireworks night, maybe even bobblehead night. what about our city isn't bankrupt night? no joke. they're promoting it. we're not broke. >> good for us. [ taste buds ] donuts, donuts, donuts!

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in the people, businesses, and organizations that call the bay area home. whether it's helping a nonprofit provide safe, affordable housing within the city, supporting an organization that's helping kids find jobs and stay in school, or financing the expansion of a local company that's creating healthier workplaces, what's important to the people of the bay area is important to us. and we're proud to work with all those who are making our communities stronger.

you know teams are trying to come up with creative ad campaigns to get people into the stadium. >> a minor league hockey team in bakersfield playing a team from stockton so the bakersfield team designated this one as our city isn't bankrupt night. that's right. the bakersfield condors say they plan to hand out phony million dollar bills to the fans and are also giving away a rolls royce. >> 6:27. a daring stunt turns into a desperate rescue. we'll show you how a california base jumper wound up dangling 150 feet above the ground overnight.

protesters versus police. the occupy movement responds to a new ultimatum in san

francisco. and there it is. we take you live to new york, our crack team in the booth hit it to the second. always nice to catch that bell. >> happy birthday birthday cia. >> today happens to be tuesday, september 18th. this is "today in the bay." happy tuesday morning, everybody. it is 6:30 on the nose. i'm jon kelley. >> and i'm laura garcia-cannon. happening now, it appears occupy protesters are heeding a police ultimatum to end a new tent city that sprung up overnight at san francisco's justin herman plaza. bob redell has been live in the city and joins us now with an update on the situation. they're moving on? >> reporter: well, they're still here, but they have taken down the tents. now, this all started last night. there were occupy sfers who were

protesting to mark the one-year anniversary of the movement. then about 75 of them came here to justin herman plaza. one spokeswoman telling us that their plan was to occupy this area indefinitely. you might recall they did this several weeks last year when the movement first started. at that time last night, there were about eight tents that were set up. they did have conversation with sfpd. sfpd hadeen out here, still is out here on market street. they said, look, we're going to give you some latitude. even though you're not supposed to be camping or playing music, they were saying, look, we know it's the one-year anniversary, we want to give you a little leeway so if you please take the tents down by 6:00. starting just a little before then the protesters did take down all eight tents and as you can see they're gone now. >> i'm not surprised. it seemed like the members of the occupy group wanted to cooperate and we appreciate them cooperating. so it's always nice to have that type of partnership. things go a lot smoother.

>> yeah, people took down their tents probably because we don't have a whole helluva lot of people here. they do. they all get paid to be here with weapons. so i just think it's disguising what's actually happening when they say, oh, we cooperated. well yeah, they have an army. >> reporter: now, sfpd probably had about 30 officers out here, some of them, a good chunk of them if not already are supposed to be headed home. they are going to have a few officers posted out here to make sure that none of the occupy sfers put the tents back up. they are allowed to stay here throughout the day because the park is open to the public between 6:00 in the morning and 10:00 at night. whether they'll be allowed here to stay here at night, that is a big question mark and whether they won't try again to set up tents again, unknown. reporting live here at justin herman plaza in sf, bob redell,

"today in the bay." we could find out sometime today when the two men accused of brutally beating giants fan bryan stow to go to trial. marvin norwood and louis sanchez will be in los angeles in a courtroom for that pretrial proceeding. there is enough evidence to try both men on assault and mayhem charges. they are accused of attacking stow outside dodgers stadium back in march of 2011, both pleading not guilty. uptagt you on bryan stow's condition, he is currently in a rehab facility and has been there for the past six months continuing to slowly recover from severe head trauma related to that attack. he does remain wheelchair-bound and has had to relearn just about everything. his family says on the website he is making good progress, but that progress has been very slow. 6:33. a professor at the naval postgraduate school in monterey could be in court as early as this morning to face murder

charges. 68-year-old lawrence jones is accused of killing his estranged wife. the body of 29-year-old norici jones was found on september 7th, dumped about 100 yards from canyon road. the defendant, lawrence jones, teaches at the naval school's graduate school of business and public policy. a new sketch this morning of the man union city police say robbed and attempted to sexually assault a woman just last week. officers looking for this man. he robbed a woman at gunpoint and then tried to sexually assault her. he was scared off by a passing car. new video to show you this morning as rescuers helped pull a stranded base jumper out of the trees. the jumper actually spent all night trapped in the trees after leaping from a forest hill bridge over the american river in placer county. it took rescuers nearly all night to get the canadian jumper

down. we're told firefighters actually had to call in pg&e to bring in extra long ladders to the scene. right now the jumper is being treated for exhaustion at a local hospital. the forest hill bridge is the fourth tallest bridge in the country. it is illegal to base jump from that bridge without a permit. >> base jumping, dicey stuff. 6:35 right now. we check in with meteorologist rob mayeda. christina is off, he is on. >> and we've got low clouds all around san jose this morning. waking up to those low clouds all the way into livermore and even by fairfield this morning. you can see that we will have some low clouds and even some drizzle in spots around the coast and near the golden gate bridge this morning. clearing skies mid-morning inland and then still cool on the coast. then if you want to find the warmest day of the week, i think friday will make you happy in the seven-day forecast. through 8:00 and 9:00, you see the low clouds inland. once again moving back to the coast during the afternoon and pushing back in as we head towards the evening. this pattern really not showing

much signs of any change. a day that's going to shape up like yesterday. mid-70s inland and then only near 80 inland around livermore and areas south of san jose. friday looks a little warmer, then windy and cooler, especially some sunday as we take you through the first weekend of fall, mike. a big volume of traffic for 880 but a burst a little heavier than typical because of the accident that was further north. the maps will show you heading in the southbound direction away from the bay bridge from 980 down towards 16th, heavy slowing as we recover from the earlier accident in lanes there opposite your main commute direction, again, heading away from the bridge. to the bridge we have the metering lights on and a smooth drive north through oakland. it's the east shore freeway that's the concern. west 80 coming off the carquinez bridge, a disabled bridge still blocks the slow lane and a sig alert has been issued westbound as you head past pinole valley road out of hercules. things are tough coming off the

carquinez bridge, then a little break through san pablo and richmond. >> at least you're keeping tabs on it. thanks. 6:36. still ahead, a private moment or a public display. big news on buckingham palace's bid to block the photos of dutchess catherine. also an olympian trades his golden image for sterling silver handcuffs. and a beautiful live look outside. look at old glory blowing in the wind out there. cooler temperatures prevailing now that fail is right around the corner. rob will look at that forecast for us. stick around, a lot more ahead. ♪

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new this morning, a french court is ordering "closer" magazine to hand over its topless photos of the dutchess of came bridge within 24 hours or face legal consequences. the photos show dutchess catherine sun bathing topless at a private villa in the french countryside during a summer vacation with her husband, prince william. the pictures were taken a half a mile away from the villa using a high-powered lens. buckingham palace says the photos violate the couple's privacy. the royal couple may also file criminal charges against the unnamed female photographer. shaun white can add a black

eye. he's faces charges of vandalism and public intoxication after an incident at a nashville hotel. authorities say he pulled the fire alarm at the hotel early sunday and then forced a big-time evacuation at the hotel after breaking a hotel phone. he also got into a fight with another hotel patron while trying to leave the scene and injured himself by hitting a fence trying to run away. nice work. now he's all set to be in court. one more look at that shot, on october 10th. >> i'm sure it won't be our last either. 6:41. coming up, an overnight face-off leads to an ultimatum for protesters in san francisco. the reoccupation that brought out the police overnight. we may have found evidence as to why everyone is lining up in new york city for the new iphone but not here. we'll take a look. and violent revenge. an obscure youtube video leads to new bloodshed in the middle east. [ male announcer ] with all your car does for you, he really wants to hear those three little words:

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happening now, occupy protesters in san francisco's justin herman plaza are complying with a police ultimatum to take down their tents. bob redell is live in san francisco, he has an update on the progressing situation. bob, good morning. >> reporter: yeah, good morning to you, jon. yeah, the occupy sfers started occupying justin herman plaza last night. they did set up eight tents, which is against the law, against park rules. sfpd had about 30 officers out here and throughout the night they were talking with the protesters saying you've got to have these tends down by 6:00. by roughly 6:00 the protesters did take down these tents. the police did say, though, if they didn't take them down, they would take them down themselves. so as far as both sides are

concerned, there was conversation. police say that the protesters cooperated. one of the protesters says, well, yeah, we cooperated but it was because we knew we couldn't stand up to 30 police officers. but they are allowed to stay in the park right now. whether or not they'll be allowed to stay tonight, tomorrow night, that is still to be determined. i don't know if you're familiar with justin herman plaza, there are a lot of merchants who set up here and some merchants were very upset when they occupied justin herman last year because they said it destroyed their business. they have been having back and forth with the protesters this morning. there's been some screaming. one protester had something sprayed in his face, he said it was mace or pepper spray sprayed by one of the merchants. the police have been here trying to get both sides to calm things down but you do have the merchants upset, fearful if these people come back and start to occupy justin herman plaza, they're going to hurt their business. bob redell, "today in the bay."

in the meantime the fbi is defending its surveillance of the occupy movement in northern california. the bureau says the investigation stayed within federal rules and did not result in, quote, unnecessary intrusions into the lives of law-abiding people. the american civil liberties union recently obtained documents about the fbi that was monitoring activities. much of it was focused on last november's planned protests at the port of oakland. it is 6:46. rob mayeda in for christine loren. weatherwise it's like deja vu all over again. >> it is. that's the same map we saw the day before. it's groundhog day in the weather department, at least for the next couple of days. you've got low clouds inland and we'll see low high temperatures for this time of year. right now looking out to alcatraz in the distance, we've got low clouds not at ground level, they're higher up off the ground but the tops of the

clouds 2400 feet thick. when you get the marine layer deepened coupled with the sea breeze it's going to lead to cool daytime temperatures. low clouds do tend to act like a blanket overnight as the heat radiates back off the ground and the low clouds on top act like a blanket so we didn't get too chilly at night but on the flip side, the sea breeze which is southwest at 22 into fairfield, even with the sunshine we'll have a tough time climbing out of the mid-70s in many inland locations. satellite/radar around northern california and most of the state pretty quiet, up and down the west coast in fact. to the south if your travel plans include baja, california, don't worry about hurricane lane. this is moving away, perhaps sending a southerly swell to the coast, hitting some cooler waters and the monsoon moisture, or upper level moisture staying away from the bay area. low clouds will be the story through 9:00. then the sunshine comes back during the afternoon and here we go again. low clouds filling in again as early as this evening and then setting up for a very similar

start for tomorrow morning with misty skies and low clouds. temperatures near 73 in san jose. may get closer to the 80s further south around morgan hill, sunol, pleasanton, perhaps a few spots that could reach the 80s today, but really it's looking more like mid to upper 70s for even our east bay valleys. into the north bay, upper 60s and hoe 70s. that south wind keeping things quite cool with patchy low clouds in and around san pablo bay. so not much change. thursday just a little bit warmer. you probably will not notice that change but by friday as we see a few more mid to upper 80s coming back, we'll get a nice, warm finish to the week and the weekend turning breezy and cooler, especially come sunday. the bay bridge toll plaza is very crowded. it looks kind of ugly but this is traffic as you see it. a lot of folks want to get here. it's going to be tougher because there's a sig alert for the east shore freeway. west 80 coming off the carquinez bridge, it is jammed through hercules, approaching pinole valley road where we still have

that disabled big rig blocking a lane. looks like traffic is starting to move a little bit. they may be moving that to the shoulder. we'll track that for chp updates but very slow coming out of the north bay past highway 4. the dublin interchange, the accident is still here at 580 heading up to north 680 but it's off to the shoulder so a distraction but not presenting as much of a backup as we had feared and we now have the slowdown because folks are able to get through the dublin interchange. we have a slower drive south through sunol and then clearing into the south bay for a smooth drive for 680. north 101 bottlenecking right around 680 but slow all the way from capital up past the scene here. 280 and 85, and look at this, 87 real really bringing those speeds down so that commute is slow here appear it's going to be slow all morning from highway 85 likely all the way up that span to 280. a live look outside shows you the peninsula as well. all the way up through palo alto and into the city a nice, smooth drive.

this is a pleasant, smooth drive on the peninsula. back to you. now to the latest on a developing story in afghanistan where at least nine people are ked this morning after a suicide bomber rammed a car packed with explosives right into a mini bus. that mini bus was carrying foreign aviation workers to the kabul airport when all those explosives went off. a militant group says the attack was direct retaliation for that now infamous anti-islam film produced here in the u.s. that ridicules the prophet mohammed. it says the bomber was a woman. now, several of those blast victims are south african citizens. at this hour it is still unclear if any americans were among them. there is also a major change for u.s. troops in afghanistan today. the u.s. military has now stopped working with afghan police after a series of insider attacks like the one that killed four americans over the weekend. >> tracie potts right now is live in washington with more on how the department of defense is responding to awful this ongoing

violence. good morning. >> reporter: jon and laura, good morning. for now we are not going to be doing those joint missions with the afghans. remember, we've been trying to train these afghan soldiers to take over their own security in less than two years. the u.s. working very closely with them. however, now we're starting to see what the military calls a serious problem in the war effort. the afghans turning on our own troops. and so for security, they have indefinitely halted those joint operations. here's what defense secretary leon panetta said about not abandoning the mission. >> all we can to minimize those risks, but we will not lose sight of the fundamental mission here. >> reporter: now, all of this, of course, related to that video that has been so upsetting to muslims all over the region. these protests in indonesia related to that movie as well. they were throwing firebombs and rocks. 11 officers were injured there,

hit with flying objects. protesters burned a picture of president obama in effigy as we have seen in a number of other nations as well. the embassy was expecting a thousand people there, which is one of the larger but not the largest of the protests that we have seen in the last week and a half. they continue today. jon, laura. >> thank you, tracie potts. 6:52. a story you'll see only on nbc bay area this morning. police in the south bay looking into a possible hate crime after a man was attacked at a wine festival. christie smith joins us live from santa clara with the very latest and why some claim this attack was actually in response to the growing u.s. protests in the middle east. christie. >> reporter: good morning to you, laura. you know once santa clara police finish up their investigation then it's up to the district attorney's office whether to prosecute this as a hate crime or not. but one woman who says she awe the whole thing and was with the group believes it absolutely was

a hate crime. out of the blue a man came up to the group she was in and started screaming at them about two minutes calling them all terrorists. this was over the weekend at the st. claira art and wine festival. she said she was with other volunteers handing out literature about islam when the man came up and just started going off. then she said without warning, the man hit a volunteer. >> i hope that justice is served, because it's not okay, it is not okay, you know, especially in america, it is not okay just to come up to someone and to punch them because we are expressing our freedom of speech. >> reporter: now, she says she believes this whole thing was stirred up by unrest in libya and egypt and other parts of the middle east. santa clara police were there at the time and arrested the man for assault and they say they don't rule out the possibility that this could be a hate crime. reporting live in santa clara, christie smith, "today in the bay." also new this morning, a

two-alarm fire. we take you live to the scene there. this is in san leandro, a restaurant there. a fire ends up sending an east bay firefighter to the hospital. now, no word yet on how seriously that firefighter was injured, but we're being told he's being treated at a local hospital and he's expected to recover. the first fire started just after 2:00 this morning at the tequila grill and that is a restaurant on east 14th street. investigators say the fire may have started in a dumpster located behind that building, but at this point they are still trying to determine the specific cause. san jose city officials will have to start looking for a new police chief. the city's current chief surprised everyone yesterday when he announced he's retiring. after just two years on that job. the move comes at a very bad time for the city with a rising crime rate and a growing division between the police and the city council. marla tellez joins us live from our newsroom with what's next for the city and two community meetings that could widen that twied between police and the

council. >> reporter: good morning. chief chris moore's last day on the job is january 31st. you're right, the search for a new police chief starts now and that search could take months, according to at least one city council member. this is the last thing the san jose police department needs, is to spend time searching for a chief when it should be focused on fighting the rise in violent crime. the police officers association says it's hard to fight crime with limited resources. during chief moore's tenure, 65 been laid off so the battle between the city council and the police union continues in the wake of chief moore's resignation. >> i think that the men and women of the police department and the residents of san jose were let down today. >> many of us, including the chief, i believe, have lost confidence in the city leadership to deal with public safety and make it a priority. >> reporter: coincidentally, the city council is holding a study session tonight at city hall to review police response to recent crimes. now, this meeting was planned before chief moore's retirement

announcement. meantime, the police officers association is sponsoring a crime prevention meeting in east san jose. this is also scheduled for tonight to offer people their tips on how to protect themselves, their family and their property. that meeting starts at 6:30 at the ymca on south white road. the public is encouraged to attend. of course we are going to follow tonight's meetings and bring you the latest tonight at 11:00 and online, nbcbayarea.com. jon and laura. here's a tech question. is the iphone 5 selling out in new york city better than the iphone 5 selling here in california? >> never. scott mcgrew, say it's not true. >> reporter: it's not true. everybody is going to get the same iphone 5. a little taller, a little lighter, 37 grams lighter, but the hype seems to have gotten everybody caught up. just listen to this report from new york city about the lines at the fifth avenue store and the new iphone, which does appear to be different than the one we're

expecting. >> a dozen people are camped out in front of apple's flagship store on fifth avenue. starting at 200 bucks, the iphone 5 is sleeker, has a laser keyboard, holographic images and other cool new images. >> awesome. >> reporter: it is awesome. we get one that's like a little bit taller. that's awful. so this is one of those examples of do your homework. not everything on the internet is true. >> thank you very much. >> that might be good ideas for apple to consider. i'd buy that fun. >> i'm typing right now. >> you and i tried to play the lotto a few times here with all the big money. what would it be like to win millions of dollars. >> now it looks like a san rafael woman actually about to find out. the story begins in carson city, nevada, where 69-year-old man died in his home in june. he had $200 in the bank, a modest home, but it wasn't until that home went up for sale that his realtor and a neighbor discovered rolls and rolls of

historic gold coins wrapped in aluminum foil. >> opened it up and it was rolls of $20 gold pieces. i've never seep that much gold in my life or coins that old. >> a lot of gold in them there closets. it turns out that gold worth at least $7 million. that's when the man's cousin comes in, who lives in san rafael. she's the only living relative. and since he didn't have a will, she will inherit everything. >> wow. >> once the irs takes its share. >> yeah. that favorite cousin you never knew you had. i love it. 6:58 right now. let's check in one final time with rob mayeda. >> and the forecast later on today, we'll see cool temperatures once again this afternoon. 60s and 70s for most of the bay area, 73 san jose. only 62 san francisco. 66 in oakland. not much change for thursday. friday should be the warmest day of the week and turning cooler and breezy this weekend, mike. the sig alert continues for

west 80 over here, pinole valley road where there's a big rig involved in the accident. slow coming off the carquinez bridge making things a little lighter through berkeley. approaching the san mateo bridge a new accident south 880 at 92. second tough day in a row for that commute. and the south bay also builds with your northbound routes but that's pretty typical. here's 101. back to you guys. and keeping with tradition, the "today" show just moments away. >> coming up at 7:00, mitt romney defending his controversial comments secretly recorded at a campaign fund-raiser. what he said and the impact experts say it will have on the race to the white house. and justin bieber's mom opens up in an exclusive interview about her struggles as a one-time teenage mother just trying to raise a star. and a special concert on the plaza featuring pop star pink. all that and more coming up in just minutes at 7:00 on "today." >> dancing to the raindrops out there. >> they do what they can. thanks for joining us. we'll be back at 7:25 for a